Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
17.500, Chapter 209, 309.406, 309.412,
309.414, 309.416, 309.418, 309.420, 439.3401
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
309.404(4) and
309.406(1)(a)
authorize the board to promulgate administrative regulations governing home
medical equipment and services providers.
KRS
309.418 authorizes the board to discipline
licensees and expunge minor violations. This administrative regulation
establishes inspection and investigation procedures, the process for seeking an
expungement of a minor violation, and the process for appeals.
Section 1. Inspections.
(1) Pursuant to
KRS
309.406 and
309.414, the board and its
inspectors may inspect and investigate all applicants and licensees as well as
their premises and records:
(a) In
conjunction with an application;
(b) If the board has grounds to believe that
the actions of an applicant or licensee are endangering the public;
(c) If there is reason to believe an
applicant or licensee has violated any provision of KRS Chapter 309.400 through
309.422 or 201 KAR Chapter 47;
(d)
To investigate a complaint; or
(e)
To verify that action has been taken to correct a
violation.
(2) The board
may conduct an unannounced inspection of a licensee's premises and records to
ensure compliance with the provisions of
KRS
309.400 through
KRS
309.422 and 201 KAR Chapter 47.
(3) The board may investigate a licensee's or
applicant's criminal history and may obtain those reports as part of the
licensure process, an inspection, or during an investigation.
(4) Unless a deficiency threatens the public
safety subject to KRS
309.406(1)(g), the licensee
or applicant shall be advised in writing of any deficiencies and shall have
thirty (30) days to correct the deficiency.
Section 2. Reinstatement.
(1) A person whose license has been revoked
may petition the board for reinstatement of the license. The petition shall
include:
(a) The person's name;
(b) The person's license number;
(c) A statement of why the license was
revoked and if the person's license was revoked because the person was
convicted of or entered an Alford plea or plea of nolo contendere to:
1. A sex crime as defined in
KRS
17.500;
2. A criminal offense against a victim who is
a minor as defined in
KRS
17.500;
3. A felony offense under KRS Chapter 209;
or
4. An offense that would
classify the person as a violent offender under
KRS
439.3401;
(d) An explanation of how the person has been
rehabilitated and is again able to engage in the practice of providing home
medical equipment and services with applicable skill, competency, and safety to
the public; and
(e) A processing
fee of twenty-five (25) dollars.
(2) A reinstated license shall expire two (2)
years following the date it was first issued.
Section 3. Permanent Record. The board shall
maintain a permanent record of:
(1) A
licensee's violations;
(2) The date
of the violation;
(3) The
disciplinary action taken; and
(4)
The date on which the disciplinary action was completed.
Section 4. Expungement.
(1) Except as established in subsection
(3)(b) of this section, a licensee may request that the board expunge a minor
violation.
(2) Minor violations
shall include:
(a) The failure to meet an
inspector at a scheduled inspection; or
(b) A first-time failure to update
information provided on an application for licensure.
(3) To request an expungement, a licensee
shall provide:
(a) A written request stating
with specificity the violation to be expunged;
(b) If not listed as a minor violation in
subsection (2) of this section, an explanation of why the violation should be
deemed minor based upon the considerations established in
KRS
309.418(7)(d); and
(c) A twenty-five (25) dollar processing
fee.
Section 5.
Appeals.
(1) An applicant or licensee may
request an administrative hearing before the board within twenty (20) days of
the denial, suspension, or revocation of a license.
(2) The appeal shall include:
(a) The name of the licensee;
(b) A copy of the notice of the denial,
suspension, or revocation; and
(c)
A brief statement of the reasons for the appeal.
(3) Appeals shall be governed by KRS Chapter
13B.
STATUTORY AUTHORITY:
KRS
309.404,
309.406,
309.412,
309.414,
309.416,
309.418,
309.420
